State v. Berg

PHELPS, Justice.

The trial court, under the provisions of section 44 — 2401, A.C.A.1939, has certified to us four questions of law arising in the above entitled criminal case with a request that we render an advisory opinion thereon. The precise questions are hereinafter set forth haec verba. In substance they all raise the question as to whether the results of a drunkometer test are admissible in evidence where the evidence discloses the specimen of breath was forcibly taken from the defendant over his objection. It is asked if such acts violate the defendant’s Federal and state…